Legal Question in Criminal Law in Florida

The defendant and another man, Saunders, were charged with murder. Saunders made a plea agreement, and at his sentencing the state introduced facts to support his guilty plea, including a statement by Saunders to the prosecution that a third person, not the defendant, shot the victim. When the defendant was tried, he called Saunders to testify, and Saunders invoked his right to remain silent and refused to testify. The defendant then attempted to place Saunders statements at his plea hearing into evidence, including a steatement by the prosecution that he believed Saunders was telling the truth in his prior satements. The trial court excluded the statements. Was the court correct, and why if so, or not?


Asked on 4/21/12, 8:54 am

1 Answer from Attorneys
Craig Epifanio Craig Epifanio, P.A.

Without being at the trial, it's hard to guess any judge's decision as to whether something should be admissible. Since he was a co-defendant there are Bruton issues. However, they may find it admissible for impeachment. There are rules and exceptions to rules so it really is impossible to answer.

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Answered on 4/21/12, 12:13 pm


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